THE PALESTINE
28th September, 1936
GAZETTE
18. A n act or omission which would otherwise be an offence
may be excused if the person accused can show that it was done
or omitted to be done only i n order to avoid consequences which
could not otherwise be avoided, and which if they had followed
would have inflicted grievous harm or injury to his person or to
his honour or his property or to the person or honour of others
whom he was bound to protect or to property placed i n his
charge:
979
Necessity,
Provided that i n so acting he did no more than was reasonably
necessary for that purpose, and that the harm inflicted by the act
or omission was not disproportionate to the harm avoided.
19. A person is not criminally responsible for an act or omission
if he does or omits to do the act under any of the following
circumstances, that is to say:—
(a)
Justification,
i n execution of the l a w ;
( b ) i n obedience to the order of a competent authority which
he is bound by law to obey, unless the order is manifestly
unlawful.
Whether an order is or is not manifestly unlawful is a question
of law.
20. A married woman is not free from criminal responsibility
for doing or omitting to do an act merely because the act or
omission takes place i n the presence of her husband.
Compulsion by
husband.
21. A person cannot be twice criminally responsible either
under the provisions of this Code or under the provisions of any
other law for the same act or omission, except i n the case where
the act or omission is such that by means thereof he causes the
death of another person, i n which case he may be convicted of
the offence of which he is guilty by reason of causing such death,
notwithstanding that he has already been convicted of some other
offence constituted bv the act or omission.
Person not to be
twice criminally
responsible for
same offence.
C H A P T E R
P A R T I E S TO
22. F o r the purpose
include a contravention.
of this
V .
OFFENCES.
chapter
"offence"
shall not
23. —(1) W h e n an offence is committed each of the following
persons is deemed to have taken part in committing the offence,
and to be guilty of the offence, and may be charged w i t h committing i t ; that is to say :—
( a ) every person who actually does the act or any of the acts,
or makes the omission or any of the omissions which constitute the offence;
( b ) every person who does or omits to do any act for the
purpose of enabling or aiding another person to commit the
offence;
>•.
( c ) every person who, whether or not he is present at the
time the offence is committed, aids another person i n
committing the offence.
Definition,
Principal
offenders,